A semiconductor chip maker retained CRA to assess license offers made and quantitatively asses a FRAND range for the SEPs. CRA performed calculations and helped avoid litigation by assisting the client in negotiating a successful license.

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Antitrust and "Intellectual Property"

Antitrust & Intellectual Property

Litigation, arbitration, and consulting support

When antitrust and IP issues converge, interplay between the two areas will significantly impact your liability and damages arguments. CRA offers a team of world-class economists who specialize in cases that require expertise in antitrust and intellectual property. Our experts have provided oral and written expert testimony in hundreds of legal disputes involving intertwined IP and antitrust issues.

Our expertise

IP-Antitrust testimony and consulting

CRA is an acknowledged leader in providing economic analysis, advice, and testimony for antitrust cases. Since 1965, we have provided advanced economic analysis in a wide array of disputes throughout the United States, Canada, Europe, and Australia. We also have long experience in providing economic analysis, advice, and testimony for IP disputes, including patent infringement, misappropriation of trade secrets, and antitrust counterclaims. The economists within our IP-Antitrust group combine those two areas of expertise, analyzing markets, firm behavior, and competition in relation to IP rights.

Damages calculation

Our experts have assessed damages in thousands of disputes, including civil litigations, arbitrations, administrative proceedings, and international arbitrations. In particular, CRA’s expert damages analysis has been used for breach of FRAND cases, SEP infringement matters, pharmaceutical pay-for-delay settlement cases, and antitrust counterclaims.

Services

Litigation and arbitration

Outside and in-house counsel turn to CRA when they need a deep bench of high caliber economists who specialize in cases that combine IP and antitrust. Our expertise includes litigation and arbitration disputes involving:

Breach of contract

Commercial disputes

False advertising

Lanham Act

Market definition

Patent/trademark/copyright infringement

Pricing Pay-for-delay/reverse payment

Unfair competition

Violation of trade secrets

Walker process/antitrust counterclaims

Licensing consulting and litigation avoidance

SEP holders and standards implementers turn to CRA’s IP and antitrust experts when they need economic analysis to support FRAND licensing offers.

FRAND benchmarking

Statistical assessment of SEP portfolios

Comparable licenses analysis

Sample engagements

Licensing consulting
A semiconductor chip maker retained CRA to assess license offers made and quantitatively asses a FRAND range for the SEPs. CRA performed calculations and helped avoid litigation by assisting the client in negotiating a successful license.

Patent pool litigation
A CRA expert was retained to provide expert support and testimony in a matter involving several large electronics manufacturers that had contributed patents to a patent licensing pool and who were accused of violating Sections 1 and 2 of the Sherman Act. This case represented a new application of antitrust to IP—pulling in the patent pool administrator as a conspirator in a breach of FRAND. The case favorably settled with the accused infringer taking a full license to the patent pool.

FRAND litigation
CRA experts have been retained in a number of breach of FRAND and SEP infringement matters, including the Microsoft Corp. v. Motorola Inc., the first decision in which a U.S. court determined a fair, reasonable, and non-discriminatory royalty for the use of a SEP portfolio.

Pay-for-Delay
CRA experts have been retained in many of the leading antitrust matters involving allegations of reverse payments in settlement agreements between branded drug firms and generics, including Cipro, Cardizem, K-Dur, Modafinil, Nexium, and Adderall XR.

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